BLOG

SUMMIT CRIMINAL DEFENSE BLOG

New Bay Area scam targeting chat room users with threats of Criminal Prosecution for Child Pornography (CA Penal Code 311)

Rabin Nabizadeh
March 30, 2017

Since January 2017, Summit Defense Criminal Attorneys has received numerous calls from terrified individuals who describe essentially an identical fact pattern: After a brief encounter with an another individual in a chat room and an unsolicited sexual photograph, they receive a call from an irate father who claims either an accident or medical treatment for […]

Bay Area Crime Penalties – disproportionate and UNJUST

Rabin Nabizadeh
March 21, 2017

About ten years ago, I handled a criminal matter in San Jose Superior Court.  It was slightly unusual because it was handled by the Attorney General’s office but otherwise, it was a routine arrested for embezzlement case (CA Penal Code 503).  I had managed to convince the prosecutor to meet me for a cup of coffee […]

Santa Clara District Attorney no longer providing criminal pre file case status!

Rabin Nabizadeh
March 21, 2017

When you are arrested for a DUI in Santa Clara (CA Vehicle Code 23152), you can comfortably assume that the date listed on your citation will be the actual court date.  Criminal attorneys don’t make a habit of checking ahead of time whether the district attorney will file charges or not. This is not true in […]

DOMESTIC VIOLENCE IN THE BAY AREA – ROLE OF COMPLAINING WITNESS

Rabin Nabizadeh
February 18, 2017

Arrested for Domestic Violence in the Bay Area? One of the most common questions Domestic Violence arrests provoke is what is the role of the complaining witness in deciding to or influencing charging and prosecution. DOES VICTIM HAVE TO TESTIFY? It is well known that a victim of domestic violence does not choose whether charges […]

Santa Clara Mandatory Domestic Violence Arrest Policy (CA Penal Code 273.5)

Rabin Nabizadeh
February 10, 2017

California Penal Code section836(d) allows an arrest by an officer of a  crime that does not take place in their presence if: The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. The peace officer makes […]

Alameda County Court still Struggling With Computer System

Rabin Nabizadeh
February 10, 2017

Alameda County Court still Struggling with Computer System It has now been over six months since the Odyssey computer system was implemented in Alameda County.  Over the last six months there have been reports of inmates staying in jail pass their sentence, individuals arrested for probation violations  that had been recalled and a host of other […]

Bay Area Domestic Violence Bail schedules – Should I Bail Out? (CA Penal Code 273.5)

Rabin Nabizadeh
January 31, 2017

Bay Area Domestic Violence Bail schedules – Should I Bail Out? Often, a domestic violence arrest triggers an immediate dilemma of whether to bail out or wait for a court proceeding.  Bail is the system by which those accused of a crime can essentially mortgage their freedom by posting a bond in court.  The amount […]

San Francisco Sheriff Denies Home Detention After Child Porn Conviction (CA Penal Code 311)

Rabin Nabizadeh
January 30, 2017

San Francisco Sheriff denies Home Detention After Child Porn Conviction In a far too common turn, Enrique Pearce’s sentencing for possession of Child Pornography (CA Penal Code section 311) was delayed because the San Francisco Sheriff declined to accept Mr. Pearce into it’s home detention program.  While the Sheriff may deny anyone from the home detention […]

Two Criminal Trials for The Price of One – Budgetary Concerns and Criminal Justice in Santa Clara

Rabin Nabizadeh
January 17, 2017

Two Criminal Trials for The Price of One – Budgetary Concerns and Criminal Justice in Santa Clara Santa Clara District Attorney Jeff Rosen’s analysis of the two-jury criminal trials in the Mercury news lacks merit.  To begin with, Criminal trials are difficult and require a constant focus that is, at times, difficult with one jury.  […]